SIP Car Park - Manchester - Mediation Not Settled

Car1980

Once allocated I would request permission to resile your defence, without the need of a hearing or order, on the basis of receiving further information from the Claimant during the mediation meeting ie. write to the judge and enclose the usual defence template.

TheBlessed

ChirpyChicken said:

right i wouldnt be so hasty
Wait for the claim to be allocated to your local court
The judge may then give you 14 days to log a new defence.

Thanks for that perspective. I will wait as suggested and will report here the progress. This case could be an example of someone who made an initial mistake by initial admittance but later mitigated it with the opportunity for a new defense. 

Thanks, @ChirpyChicken Thanks @Coupon-mad for all you do. 

TheBlessed

Car1980 said:

Once allocated I would request permission to resile your defence, without the need of a hearing or order, on the basis of receiving further information from the Claimant during the mediation meeting ie. write to the judge and enclose the usual defence template.

Thanks @Car1980 I appreciate this. I will share my progress here once the case is allocated.  Would this "I would request permission to resile your defence" form part of the WS please? I just want to make sure I prepare and I am able to get guidance here while waiting for the case to be allocated.

ChirpyChicken

You can not request it free of charge  (unless you are entitled to fee remission - then you could make an application to file an amended defence ) Nor can you simply write to the court with your defence
i suspect although not guaranteed that the allocating judge will strike out your defence and give you 14 days to submit a proper one

Coupon-mad

I think I'd wait.

If you ask for permission you'll be told to pay £129 court fee and to fill out an application.

Car1980

ChirpyChicken said:

You can not request it free of charge  (unless you are entitled to fee remission - then you could make an application to file an amended defence ) Nor can you simply write to the court with your defence
i suspect although not guaranteed that the allocating judge will strike out your defence and give you 14 days to submit a proper one

It's weighing up all the possibilities. He could strike it out and game over, he could strike it out and order a replacement, or he could just continue to witness statements.

But you might as well to pay SIP if you're going to pay to ask permission, which might even be refused.

Judges can't unread what is sent to them, so you can always have a go.

I believe we had a case a few weeks ago where someone managed to get their defence struck out by requesting it in their witness statement.

A couple of Manc judges are quite sympathic i believe.

But obviously wait and see what happens next.

TheBlessed

Thanks to you all for taking the time to offer advice from experience. @Coupon-mad @Cat1980 @ChirpyChicken  Helping me to think through my options. I appreciate it.